Schwaber v. Schwaber
| Court | New York Supreme Court Appellate Division |
| Citation | 91 A.D.3d 939,937 N.Y.S.2d 625,2012 N.Y. Slip Op. 00772 |
| Parties | Susan SCHWABER, respondent, v. Marc SCHWABER, appellant. |
| Decision Date | 31 January 2012 |
2012 N.Y. Slip Op. 00772
91 A.D.3d 939
937 N.Y.S.2d 625
Susan SCHWABER, respondent,
v.
Marc SCHWABER, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 31, 2012.
Michael S. Cox, Lindenhurst, N.Y., for appellant.
Del Vecchio & Recine, LLP, Garden City, N.Y. (Charlene Malone of counsel), for respondent.
[91 A.D.3d 939] In a matrimonial action in which the parties were divorced by judgment entered November 14, 2008, the defendant appeals from an order of the Supreme Court, Nassau County (Maron, J.), dated February 17, 2011, which denied, without a hearing, his motion for a downward modification of his child support and maintenance obligations set forth in a settlement agreement dated July 1, 2008, which was incorporated but not merged into the judgment of divorce.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied, without a hearing, the defendant's motion for a downward modification of his child support and maintenance obligations set forth in a settlement agreement which was
incorporated but not merged into the judgment of divorce. The defendant failed to make a prima facie showing that his loss of employment constituted the substantial, unanticipated, and unreasonable change in circumstances necessary to warrant a downward modification of his child support obligation because he did not demonstrate that he diligently sought re-employment commensurate with his earning capacity ( see Baker v. Baker, 83 A.D.3d 977, 978, 922 N.Y.S.2d 442; Conway v. Conway, 79 A.D.3d 965, 912 N.Y.S.2d 700; Barson v. Barson, 32 A.D.3d 872, 873, 821 N.Y.S.2d 237). [91 A.D.3d 940] Moreover, the defendant's statement of net worth indicated that despite his loss of employment, he had sufficient means to provide child support at the level set by the parties in their settlement agreement ( see Matter of Kalarickal v. Kalarickal, 89 A.D.3d 846, 932 N.Y.S.2d 366; Jelfo v. Jelfo, 81 A.D.3d 1255, 1257, 916 N.Y.S.2d 427; Matter of Fragola v. Alfaro, 45 A.D.3d 684, 686, 845 N.Y.S.2d 437; Matter of Talty v. Talty, 42 A.D.3d 546, 547, 840 N.Y.S.2d 114). The defendant also failed to make a prima facie showing that continued enforcement of his maintenance obligation would result in the extreme hardship necessary to warrant a downward modification ( see Capozzoli v. Capozzoli, 81 A.D.3d 584, 585, 916 N.Y.S.2d 792; Klein v. Klein, 74 A.D.3d 753, 901 N.Y.S.2d 545; DiVito v. DiVito, 56 A.D.3d 601, 602, 867...
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Martin v. Cooper,
...that he diligently sought re-employment commensurate with his earning[96 A.D.3d 851]capacity ( see generally Schwaber v. Schwaber, 91 A.D.3d 939, 937 N.Y.S.2d 625;Matter of Mera v. Rodriguez, 74 A.D.3d 974, 974, 904 N.Y.S.2d 83;Matter of Grant v. Green, 293 A.D.2d 540, 739 N.Y.S.2d 840;cf. ......
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Jean-Baptiste v. Jean-Baptiste, 2021–07992
...commensurate with his or her education, ability, and experience" ( id. [internal quotation marks omitted]; see Schwaber v. Schwaber, 91 A.D.3d 939, 939, 937 N.Y.S.2d 625 ; Conway v. Conway, 79 A.D.3d 965, 965–966, 912 N.Y.S.2d 700 ).Here, the Family Court properly denied the father's object......
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Santana v. State
...the trial on the issue of liability only, the Court of Claims' determination that the defendant was 100% at fault was properly based upon [91 A.D.3d 939] its uncontested findings that the defendant had notice of the dangerous condition which was a proximate cause of the mother's slip and fa......
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Berg v. Berg, 2017–08960
...143 A.D.3d 726, 727, 38 N.Y.S.3d 588 ; Matter of Riendeau v. Riendeau, 95 A.D.3d 891, 892, 943 N.Y.S.2d 215 ; Schwaber v. Schwaber, 91 A.D.3d 939, 940, 937 N.Y.S.2d 625 ). Here, the father failed to establish that the termination of his employment did not occur though his own fault (see Mat......
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Martin v. Cooper,
...that he diligently sought re-employment commensurate with his earning[96 A.D.3d 851]capacity ( see generally Schwaber v. Schwaber, 91 A.D.3d 939, 937 N.Y.S.2d 625;Matter of Mera v. Rodriguez, 74 A.D.3d 974, 974, 904 N.Y.S.2d 83;Matter of Grant v. Green, 293 A.D.2d 540, 739 N.Y.S.2d 840;cf. ......
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Jean-Baptiste v. Jean-Baptiste, 2021–07992
...commensurate with his or her education, ability, and experience" ( id. [internal quotation marks omitted]; see Schwaber v. Schwaber, 91 A.D.3d 939, 939, 937 N.Y.S.2d 625 ; Conway v. Conway, 79 A.D.3d 965, 965–966, 912 N.Y.S.2d 700 ).Here, the Family Court properly denied the father's object......
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Santana v. State
...the trial on the issue of liability only, the Court of Claims' determination that the defendant was 100% at fault was properly based upon [91 A.D.3d 939] its uncontested findings that the defendant had notice of the dangerous condition which was a proximate cause of the mother's slip and fa......
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Berg v. Berg, 2017–08960
...143 A.D.3d 726, 727, 38 N.Y.S.3d 588 ; Matter of Riendeau v. Riendeau, 95 A.D.3d 891, 892, 943 N.Y.S.2d 215 ; Schwaber v. Schwaber, 91 A.D.3d 939, 940, 937 N.Y.S.2d 625 ). Here, the father failed to establish that the termination of his employment did not occur though his own fault (see Mat......